McLane v. Spence
Supreme Court of Alabama
EiutoR to the.Circuit Court of Talladega. Trespass vi et armis, for taking and carrying away two slaves. From a bill of exceptions taken in the cause on the trial, it appeal’s — That one William King died and left a will, by which he appointed his wife and one John C. Calhoun, as his executors, who qualified as such, and took upon themselves the burden of the administration of the estate; the latter being a minor — That the estate of King was largely indebted, and that J. C.…
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EiutoR to the.Circuit Court of Talladega. Trespass vi et armis, for taking and carrying away two slaves. From a bill of exceptions taken in the cause on the trial, it appeal’s — That one William King died and left a will, by which he appointed his wife and one John C. Calhoun, as his executors, who qualified as such, and took upon themselves the burden of the administration of the estate; the latter being a minor — That the estate of King was largely indebted, and that J. C. Calhoun caused a sale to be made of the personal estate of his testator, at which he put up and sold in one lot, and…
1Opinion of the CourtOrmond, J.
In Brannan v. Oliver, [2 Stewart, 47,] it was held by this court, that a purchase by an administrator at his own sale, was not void, but was prima facie valid, and would be supported if no unfairness-appeared. This decision is explained in Saltmarsh v. Beene, [4 Porter, 283,] to be confined to that class of trustees, having an interest in the property so purchased. *897ín this case it appears, that the executor purchased a lot of slaves, twelve in number, at his own sale — that they were put up in one lot, and purchased by him for less than they would have sold, if sold separately — that he made…
2Cases cited3 opinions
- Brannan v. OliverSupreme Court of Alabama · 1829
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Draughon v. French's adm'orSupreme Court of Alabama · 1837
3Cited by21 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Calloway v. GilmerSupreme Court of Alabama · 1860
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